Kisii teachers: Prosecution hitch delays plea-taking
The six Itumbe DOK teachers before the magistrate court in Ogembo Law Courts in Kisii on February 2, 2022. They were arrested following a viral video compelling pupils to perform mock sex.
The six interdicted Itumbe DOK Primary School teachers have been released on a bond of Sh500,000 each.
The teachers were arrested after a clip went viral in which they are captured compelling Grade Two pupils to simulate having sex.
On Monday evening, they were presented at Ogembo Law Courts before Principal Magistrate Calestous Sindani Nambafu where they pleaded not guilty to subjecting the children to cruel, inhuman, degrading treatment and punishment, and an indecent act.
The teachers had spent the better part of Monday moving from one court to another following a standoff between the prosecution and defence on where they should take their pleas.
On Friday last week, Ogembo Senior Principal Magistrate Paul Biwott directed that the teachers be detained at Nyangusu Police Station until today (Monday), to allow the investigating officers to draft charges against them.
However, on Monday morning, the teachers were bundled into a police vehicle from Nyangusu police station and driven to the Kisii Law Courts, where they appeared before Magistrate Catherine Ocharo.
Terming the move mischievous, their lawyers, led by Mr Edward Begi, questioned why their clients were being presented in a different court yet the matter was under the jurisdiction of the Ogembo Law Courts.
“The accused had been presented through a miscellaneous E018/2023 application at Ogembo. That comes to the issue of jurisdiction. Why were they not charged before Ogembo law Courts? Is it a matter of forum shopping? Are they looking for a favourable court? Those are the fundamental questions we are asking,” Mr Begi said.
The prosecution said the police had completed investigations and the miscellaneous application had been closed. The prosecution did not, however submit any supporting documents to back up why they had taken that move.
“I am very sure the office of the Director of Public Prosecutions cannot wake up and decide that this matter is very hot in this town, so we need to move these people to another town. That is basically a duty that is left to the courts under which that offence was allegedly committed,” said the magistrate.
She continued: “It would have been very proper for the prosecution to have presented these submissions before Ogembo Law Courts, before that magistrate to whom this matter was presented. For me that is all I have to determine.
The teachers were taken back to Ogembo where they were charged.
Their relatives and Kenya National Union of Teachers officials welcomed the determination.
The Teachers Service has since replaced the six — Ms Everlyne Moraa Orina, Ms Catherine Mokaya, Mr William Isuka, Ms Druscilla Moraa, Ms Angellica Joseph and Ms Gladys Kenyanya.
